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THE COURTS

Title 231—RULES OF
CIVIL PROCEDURE

PART I. GENERAL

[ 231 PA. CODE CH. 1920 ]

Order Amending Rule 1920.72 of the Rules of Civil Procedure; No. 654 Civil Procedural Rules Doc.

[46 Pa.B. 7620]
[Saturday, December 10, 2016]

Order

Per Curiam

And Now, this 18th day of November, 2016, upon the recommendation of the Domestic Relations Procedural Rules Committee; the proposal having been submitted without publication pursuant to Pa.R.J.A. No. 103(a)(3) in the interest of efficient administration:

It Is Ordered pursuant to Article V, Section 10 of the Constitution of Pennsylvania that Rule 1920.72 of the Pennsylvania Rules of Civil Procedure is amended in the following form.

 This Order shall be processed in accordance with Pa.R.J.A. No. 103(b), and shall be effective on December 5, 2016.

Annex A

TITLE 231. RULES OF CIVIL PROCEDURE

PART I. GENERAL

CHAPTER 1920. ACTIONS OF DIVORCE OR FOR ANNULMENT OF MARRIAGE

Rule 1920.72. Form of Complaint. Affidavit under § 3301(c) or § 3301(d) of the Divorce Code. Counter-affidavit. Waiver of Notice of Intention to Request Decree under § 3301(c) and § 3301(d).

*  *  *  *  *

 (d) The affidavit required by § 3301(d) of the Divorce Code and [Rule] Pa.R.C.P. No. 1920.42(a)(2) shall be substantially in the following form:

(Caption)

NOTICE

 If you wish to deny any of the statements set forth in this affidavit, you must file a [counteraffidavit] counter-affidavit within [twenty] 20 days after this affidavit has been served on you or the statements will be admitted.

AFFIDAVIT UNDER SECTION 3301(d)
OF THE DIVORCE CODE

 1. The parties to this action separated on [______ and have continued to live separate and apart for a period of at least two years]  insert date  .

2. Check (a) or (b):

[  ] (a) The date of separation was prior to December 5, 2016, and the parties have continued to live separate and apart for a period of at least two years.

[  ] (b) The date of separation was on or after December 5, 2016, and the parties have continued to live separate and apart for a period of at least one year.

[2.] 3. The marriage is irretrievably broken.

[3.] 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted.

 I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.

Date: _____  _________________
[Plaintiff/Defendant]
(PLAINTIFF) (DEFENDANT)

 (e)(1) The counter-affidavit prescribed by [Rule 1920.42(d)(2)] Pa.R.C.P. No. 1920.42(d)(2) for a divorce under § 3301(c) of the Divorce Code shall be substantially in the following form [in a § 3301(c) divorce]:

(Caption)

COUNTER-AFFIDAVIT UNDER § 3301(c)
OF THE DIVORCE CODE

 I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights.

 I understand that I must file my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims.

 I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities.

Date: _____  _________________
(PLAINTIFF) (DEFENDANT)

 NOTICE: IF YOU DO NOT WISH TO CLAIM ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT.

 (2) The counter-affidavit prescribed by [Rule] § 3301(d) of the Divorce Code and Pa.R.C.P. No. 1920.42(d)(2) shall be substantially in the following form [in a § 3301(d) divorce]:

(Caption)

COUNTER-AFFIDAVIT UNDER § 3301(d)
OF THE DIVORCE CODE

 1. Check either (a) or (b):

 [  ] (a) I do not oppose the entry of a divorce decree.

 [  ] (b) I oppose the entry of a divorce decree because [(Check (i), (ii), (iii) or all)]:

Check (i), (ii), (iii) or all:

 [  ] (i) The parties to this action have not lived separate and apart for [a period of at least two years] the required separation period: two years for parties that separated prior to December 5, 2016, and one year for parties that separated on or after December 5, 2016.

 [  ] (ii) The marriage is not irretrievably broken.

 [  ] (iii) There are economic claims pending.

 (2) Check (a), (b) or (c):

*  *  *  *  *

EXPLANATORY COMMENT—2016

 Act 102 of 2016 (the Act) amended the Divorce Code by reducing the separation period required by § 3301(d) from two years to one year for parties separating after the Act's effective date: December 5, 2016. The Act provides that the one-year separation period is only applicable to married persons separating after the effective date of the Act. However, the current two-year separation period remains applicable to married persons that separated prior to the effective date of the Act. As such, the current forms could not be amended merely by substituting one-year for two-year on the affidavit and counter-affidavit in Pa.R.C.P. No. 1920.72(d) and (e)(2), respectively. Instead, the current forms have been amended to delineate when the parties separated vis-à-vis the Act's effective date. Therefore, a party alleging a date of separation prior to December 5, 2016, should proceed under a two-year separation period. A party alleging a date of separation on or after December 5, 2016 should proceed under a one-year separation period.

[Pa.B. Doc. No. 16-2104. Filed for public inspection December 9, 2016, 9:00 a.m.]



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